Hill Bill Creates Security Clearance Ombudsman

The appointment by the Office of the Director of National Intelligence (DNI) of an ombudsman to handle and report on complaints involving security clearance investigations is one improvement included in H.R. 5959, the Intelligence Authorization Act of 2009, passed by the U.S. House of Representatives on July 16.

The bill now awaits passage of and reconciliation with its Senate companion, S. 2996.

Though creation of an ombudsman is an important positive development, the House bill would limit his or her jurisdiction only to matters involving applications for new clearances, and not include reinvestigations or readjudications of existing clearances or adverse actions taken against holders of current clearances. Additional procedural protections are needed for these individuals as well.

Other relevant sections of the House-approved legislation include:

• The DNI will urge adoption of multi-level security clearances to faciliate employment of persons with foreign language skills;

• The Office of Management and Budget will be required to submit to Congress a report on the number and cause of security clearance processing delays exceeding one year;

• The Inspector General of the Intelligence Community will submit to Congress an audit of the reciprocity of security clearances among IC entities.

Filed Under: Reform, Laws & Regulations, Adjudication, Adverse Actions, Reference